Terms of service

Supply & Installation 

1. Definitions

In this document the following words shall have the following meanings:
1.1. “Customer” means the person or organisation who purchases goods or services from the Supplier.
1.2. “Supplier” means Luxury Lawns AGS Ltd, Unit 2, Black Lamb Farm, Bunkers Hill, Ridley, Kent TN15 7EY
1.3. “Proposal” means a quotation or document which describes the goods or services which will be provided by the Supplier.
1.4. “Terms and Conditions” mean the Terms and Conditions as set out in this document.

2. General

2.1. These Terms and Conditions prevail, always, over other communication either written or verbal from the customer and shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
2.2. Nothing in these Terms and Conditions shall prejudice any condition or Warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, virtue of any statute, law or regulation.
2.3. Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3. The Order

3.1. All Orders for Products and Services shall be deemed to be acceptance of the proposal pursuant to these Terms and Conditions.

4. Quality of Goods and Installation

4.1. Creases. Due to the fact artificial grass is supplied on a roll and due to the molecular structure of the product it can crease. The product is not deemed to be faulty if a crease is visible and the product will de-crease on a daily basis. Creases will fall out within 3 months of the supply or installation.
4.2. Seams. The supplier will endeavour to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our Warranty does not cover seam visibility.
4.3. A slight colour differential is possible on grass from separate batches. Luxury Lawns cannot accept liability for minor colour variations, if additional grass is ordered on a different order.
4.4. Our installation method states that we will install a sub-base of between 60mm and 80mm depending on the ground conditions. This comprises of between 40mm and 60mm of type 1 aggregate and between 15mm and 25mm of Grano or as advised on our quotation. This will be installed either by excavating between 60mm and 80mm from the lowest point of the lawn; or by building up the current level of lawn by this amount. We will always keep the natural cambers of the lawn unless otherwise agreed between the Supplier and the Customer. It is not our intention to create a perfectly level lawn, except in circumstances that has been agreed and documented in our written Proposal.
4.5. The products are manufactured using polyethylene and polypropylene and as such reflective, or magnifying surfaces, such as glass, clear plastic or reflective surfaces could cause scorching of the surface. It is the customer’s responsibility to prevent this and damage is not covered by the Guarantee. Repairs to scorched grass will be chargeable. The polyethylene and polypropylene temperature will increase under intense heat or sunlight.
4.6. High traffic zones of an artificial lawn can flatten, pressure on the blades causing them to compress. This can give the grass a different appearance to the sections of lawn that are not compressed.

5. Customer Obligations

The customer shall:
5.1. Obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer.
5.2. Provide the Supplier with any information reasonably required by the Supplier. It is the obligation of the Customer to inform the Supplier of any problematic issues with wildlife, such as moles in advance of the Supplier making a Proposal for works and thus completing an installation. If such information is provided additional preventative measures can be deployed and the installation method amended accordingly.
5.3. Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
5.4. Ensure that, once an installation date has been agreed in writing between both parties, the job can be carried out on this date. If for any reason the installation will not be able to be completed, the customer must advise the Supplier at least 24 hours prior to the installation date. If for reasons out of the control of the Supplier such as restricted access, not advised prior to the installation, mean that our installation team are unable to commence work, a callout charge of £350.00 + VAT will apply.
5.5. It is the obligation of the Customer to inform the Supplier of any electrical cables or pipe-work in the installation area that could be damaged by excavations or fixings. The Supplier will endeavour to identify such issues during a site survey, but cannot accept liability for subterranean damage caused to appliances and structures not previously notified.
5.6. The customer is obliged to notify the Supplier of any invasive plants such as Japanese knotweed, bamboo or tree roots that might spread beneath the installed lawn and cause material changes to the installation. The Supplier bears no liability for any damage caused in such a manner. Repairs to any damage caused to the installation by invasive plants, not previously notified to the Supplier will be chargeable and covered under a separate Proposal.

6. Payment

6.1. If credit terms have been formally agreed prior to commencement of work, a deposit equal to 50% of the total order value, will be due upon confirmation of an installation date, or placement of an order, whichever is the earlier. The remaining 50% of the total order value is due on completion.
6.2. The Supplier is entitled to charge interest on any invoices that are not paid per agreed terms at a rate of 8.00% per annum above the base rate of the Bank of England from the date the invoice falls due to the date the invoice is paid.
6.3. Title. Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for all the goods, services and charges.
6.4. Payment can be made using a credit or debit card. We are able to accept MasterCard, Visa, Maestro, Delta, Solo or Visa Electron although we reserve the right to vary these from time to time without notice.

6.1 Finance – DivideBuy

The requirements for credit.

  • Be aged between 18 and 75
  • Be a permanent UK resident and have lived at your address for longer than one year
  • Have a debit or credit card
  • Have a valid UK telephone number

Credit check will be required. DivideBuy uses a third-party credit reference agency to perform a credit check. This is used in combination with your entered details and our own unique algorithm to assess affordability.
Instalments. Your first instalment is payable on completion of your order. In some instances, you may be required to pay a deposit based on a combination of your credit score, size of order and number of instalments selected.
Number of instalments. Depending on the total value of your order you may be able to spread the cost up to 12 monthly instalments.
Early termination of agreement. DivideBuy offers the option to repay the remaining balance on your account at any point with no additional charges or fees to pay. You can do this by logging into your DivideBuy or by calling the Customer Service Team on 0800 085 0885.
Charges/fees. There is 0% APR interest and no setup charges, cancellation or hidden fees. DivideBuy reserve the right to add late payment fees to your account in the event of you missing payments. This is all explained in your credit agreement before you complete the checkout process.

7. Skips

7.1. If Required the Supplier will organise booking of the skip and the cost is included in the quotation. The skip is booked based on containing soil waste only, therefore if the customer adds mixed waste (furniture, bulk items) without prior approval from the Supplier – the Supplier reserves the right to charge a 30% premium (based on the original cost of the skip).

8. Returns

8.1. Where the product is, faulty or does not comply with any of the Contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
8.2. Bespoke or cut to length items can only be returned if the product is found to be faulty, in line with distance trading regulations.

8.3 All items that are not defective as determined by Luxury Lawns (acting reasonably) and are returned by the purchaser shall incur a restocking fee of 20% of the price. Return of all items that are not defective as determined by Luxury Lawns (acting reasonably) will only be accepted for return in the absolute discretion of Luxury Lawns.‍

9. Supplier Obligations

9.1. The Supplier warrants that the product will at the time of delivery correspond to the description given by the Supplier.
9.2. The Supplier shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised industry and codes of practice.

10. Force Majeure

10.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, extreme weather conditions such as heat or flooding, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

11. Delivery

The date of delivery specified by the Supplier is provided for estimate purposes. Whilst every effort is made to meet customer expectations, time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.

12. Limitation of Liability

12.1. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
12.2. In no circumstance, shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
12.3. Nothing present in these Terms and Conditions shall limit or exclude the liability of the supplier for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

14. Customer Referral Scheme

The referrer must be a previous customer of Luxury Lawns AGS Ltd.  £50.00 cheque will be allocated to the referrer when the referee settles their account for their Luxury Lawns installation.  There is no limit to the number of referrals made by each referrer. Permanent employees, contract and temporary workers working directly for Luxury Lawns are not eligible to participate in the referral scheme. The referee will not be eligible to receive the referral gift under this scheme in the event that the referred person is already on the Luxury Lawns database at the date of referral or if Luxury Lawns have already received their details but have not yet entered them on the database. 

Trade & Supply Only 

14. Definitions

In this document the following words shall have the following meanings:
14.1. “Customer” means the person or organisation who purchases goods or services from the Supplier.
14.2. “Supplier” means Luxury Lawns AGS Ltd, Unit 2, Black Lamb Farm, Bunkers Hill, Ridley, Kent TN15 7EY
14.3. “Proposal” means a quotation or document which describes the goods or services which will be provided by the Supplier.
14.4. “Terms and Conditions” means the Terms and Conditions as set out in this document.

15. General

15.1. These Terms and Conditions prevail, always, over other communication either written or verbal from the customer and shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
15.2. Nothing in these Terms and Conditions shall prejudice any condition or Warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, virtue of any statute, law or regulation.
15.3. Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
15.4. If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.

16. The Order

16.1. All Orders for Products and Services shall be deemed to be acceptance of the order pursuant to these Terms and Conditions.
16.2. When ordering from us we accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
16.3. These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

17. Quality of Goods and Installation

17.1. Inspection of goods. It is essential that trade and supply only customers inspect goods prior to installations and follow the advice and guidelines below if there is any concern with regard to the condition of the products supplied. If the length or width of the roll supplied has been cut, glued or altered by the customer we cannot accept a return.
17.2. Creases. Due to the fact artificial grass is supplied on a roll and due to the molecular structure of the product it can crease. The product is not deemed to be faulty if a crease is visible and the product will de-crease on a daily basis. Creases will fall out within 3 months of the supply or installation. The following guidelines should be followed in any issues are encountered. Dark and Light Patches. The cause of this is simply that the yarn (grass fibres) have been more compressed in some areas than others. This happens because when the grass is rolled onto a cardboard core tube and pressure is applied in a specific area. Solution: Air the grass in warm weather. Manipulate the pile with a brush. If the compression is excessive use a mechanical power brush to lift the pile. Creases. This can be caused by a number of factors such as the grass being rolled tightly on a roll, the fibres being compressed. Additionally, transit and storage of artificial grass can be challenging so this may cause creases to occur.
Solution: Sunshine and time! However, most issues can be resolved by inspecting the grass in advance and following the advice below. The product becomes more supple in warm temperatures. Ideally always inspect the grass before installation. Unroll and expose to the sun before laying – you will the notice crease can lift within minutes in warm sunshine. If particularly bad you can run your hand through the crease and pull he edge of the grass to pull creases out and then leave for another 10 minutes. Lastly turn the grass over exposing the latex backing to the sun, you can stretch it by hand and you will see how much more flexible the product has become.
Lines. On occasions a distinctive straight line can appear through the grass. If this has occurred, it has been caused by a measuring wheel on our cutting table ruffling the yarn on the grass. Additionally, it can occur in the manufacturing process typically when a tracking device passes over the yarn to ensure alignment of the roll. Solution: Again, the solution is exposure to warmth and manipulation of the fibres. A power brush will always be the best method of re-invigorating the yarn.
17.3. A slight colour differential is possible on grass from separate batches. Luxury Lawns cannot accept liability for minor colour variations, if additional grass is ordered on a different order.
17.4. The products are manufactured using polyethylene and polypropylene and as such reflective, or magnifying surfaces, such as glass, clear plastics or reflective surfaces could cause scorching of the surface. It is the customer’s responsibility to prevent this and damage is not covered by the Guarantee. Repairs to scorched grass will be chargeable. The polyethylene and polypropylene temperature will increase under intense heat or sunlight.
17.5. High traffic zones of an artificial lawn can flatten, pressure on the blades causing them to compress. This can give the grass a different appearance to the sections of lawn that are not compressed.

18. Payment

18.1. Unless prior payment terms have been agreed payments should be made ideally via Bacs 2 days prior to the despatch date of the goods. Luxury Lawns bank details are detailed on the invoice.
18.2. The Supplier is entitled to charge interest on any invoices that are not paid per agreed terms at a rate of 8.00% per annum above the base rate of the Bank of England from the date the invoice falls due to the date the invoice is paid.
18.3. Title Tile in the Goods shall not pass to the Customer until the Supplier has been paid in full for all the goods, services and charges.
18.4. Payment can be made using a credit or debit card. We are able to accept MasterCard, Visa, Maestro, Delta, Solo or Visa Electron although we reserve the right to vary these from time to time without notice.
If you purchase a product from us on the phone or online you will be charged for that product at the time of ordering.
18.5. Orders to businesses and business addresses will be deemed as Business to Business transactions and as such the Distance Selling Regulations do not apply.
18.6. Orders collected from one of our stores or warehouses provide you with the ability to inspect the goods and as such the Distance Selling Regulations do not apply.

19. Returns

19.1. Where the product is, faulty or does not comply with any of the Contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund. As stated above in quality of goods section, all products should be fully inspected prior to installation. Additionally, the guidelines of how to eliminate common minor aesthetic issues should be followed before the grass can be considered faulty.
19.2. Bespoke or cut to length items can only be returned if the product is found to be faulty, in line with distance trading regulations.

20. Supplier Obligations

20.1. The Supplier warrants that the product will at the time of delivery correspond to the description given by the Supplier.
20.2. The Supplier shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised industry and codes of practice.

21. Force Majeure

21.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, extreme weather conditions such as heat or flooding, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

22. Delivery

22.1. The date of delivery specified by the Supplier is provided for estimate purposes. Whilst every effort is made to meet customer expectations, time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
22.2. 1 man delivery service. The delivery service is offered on the basis of a 1 man delivery service (2-man delivery is cost prohibitive). Therefore, it is the obligation of the customer to assist with unloading of large loads.
22.3. Kerbside delivery. Due to the nature of the product, the delivery is offered on the basis of dropping kerbside.
22.4. Delivery Timescale. 4m Wide rolls up to a maximum of 7m in length can be delivered on a next day basis. Longer rolls will take longer, we have a number of delivery options and will communicate he fastest and most effective delivery option on a case by case basis.
22.5. Pre-planning. We ask our trade customers that whenever possible they order in advance of the installation date so as to avoid any potential issues. Whilst we make every effort to manage our supply chain and ensure customers receive products on time, due to the weight and shape of the product challenges can occur.
22.6. Delivery will be made to the address specified when you complete the order.
Please note we only deliver to addresses within England, Scotland, Wales and Northern Ireland. Certain areas will incur a separately charged surcharge.
22.7. We use a variety of delivery methods, depending on the size of the item you order and the speed with which you wish to receive it. Some items are delivered directly by the supplier and the supplier will contact you to arrange delivery.
22.8. Ownership of a product. Will not pass to you until we have delivered the product to you (either directly, or by leaving it in a safe place or with a neighbour or where you have signed for it when using the In Store Collection option). This is when the contract between you and us will be deemed to have concluded. Once a product is delivered, responsibility for risk of damage to or loss of the product passes to you.
22.9. We also use third party delivery companies which may, at their discretion, leave a product in a safe place if no one is present at the time of delivery. In these circumstances the delivery company will put a card through your letter box explaining where the product has been left.
22.10. By Signing for items delivered by a courier you are confirming receipt of the items in good condition and as such will be unable to claim for any damages. If you are unable to check your items before signing ensure you sign for the goods stating ‘Unchecked’.

23. Cancellation of Order

If the item(s) have not been dispatched we will cancel the order and we will refund payment in accordance with our refund policy. If the item(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us and we will refund in accordance with our refund policy. If you have arranged to collect an item from a store we will automatically cancel the order if you do not collect the item within 14 days from the date notified to you when you placed your order and will refund you in accordance with our refund policy. Alternatively, if you have already taken delivery or collected from in-store please follow the procedure under ‘Non-faulty items’.
Sometimes you may not be able to part cancel an order. If this is the case, Customer Services will explain this to you.

24. Refund Policy

If you are entitled to a refund, we will refund you as follows:
If you paid by cash and obtain your refund in-store, we will refund you in cash up to a limit of £2,000; for all other refunds of cash purchases, we will send you a cheque;
If you paid by payment card, we will refund you on the payment card;
We will only refund the delivery charge for orders cancelled under the Distance Selling regulations or when authorised as faulty.
Goods returned not covered by the Distance Selling regulations or authorised as faulty will be subject to a restocking charge, this will vary depending on product.
Return of non-faulty goods are subject to the customer paying for the transportation of the items back to ourselves.

25. Limitation of Liability

25.1. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
25.2. In no circumstance, shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
25.3. Nothing present in these Terms and Conditions shall limit or exclude the liability of the supplier for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.

26. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.‍